COHABITATION
One of the key areas on which the A.I law firm is focusing is the status settlement of a foreign partner in a civil partnership.
The procedure for granting the status to the partners of Israelis, including to people of the same sex, is a procedure designed to alleviate the situation of couples who want to start a family in Israel.
The procedure is intended for unmarried couples, including the same-sex couples. It should be noted that this procedure applies only to partners who are in a civil partnership and who are not officially married; while the procedure on “status settlement of a foreign spouse married to an Israeli” is intended for those who are officially married; please see a separate provision for this matter on the page of the sphere of activity of the Ministry under the heading “status settlement of a foreign spouse”.
The “cohabitation” procedure is identical to the “status settlement of a foreign spouse” procedure, except for the duration of the procedure and the dates of receipt of the work permit and identification document; the purpose of the procedure is to test the sincerity of the relationship between the partners who are not officially married.
During the proceedings, the couple has to go through several stages to verify the rights of the foreign partner and, each time, the foreign partner will obtain an intermediate status of varying degrees in accordance with the stages of the proceedings.
At the end of the process, a foreign citizen who has successfully passed all the stages established by the Ministry of Internal Affairs obtains permanent status and permanent citizenship in Israel.
In Detail’s
Together, the couple must undergo many bureaucratic tests that, in particular, examine the “sincerity and reality of their relationship”, in order to prove that their relationship is not fictitious and that the partnership is not solely for the purpose of obtaining Israeli citizenship and the settled status of a foreign citizen in Israel.
There are tests to check the couple’s so-called “center of life”, security checks, criminal checks, verification of documents, verification of compliance, checks of continuous stay in Israel for a certain period of time; the foreign citizen is as well required to provide certified documents from his country of origin, etc.
Our law firm helps in collecting the required documents from different countries, which reduces the waiting time and, accordingly, speeds up the process of obtaining status for a foreign partner.
During the proceedings, the couple must submit various documents and certificates to the Ministry of Internal Affairs, confirming the nature of their union and relationship. After this, the couple will have to undergo an interview, a sort of an intensive investigation, when the Ministry of Internal Affairs examines the smallest details to check the “sincerity of the relationship” between the partners. The purpose of the interview is to study the “sincerity of the relationship” and to find the presence of their common “center of life” in Israel.
If both partners are in Israel, the interview is fully conducted in Israel at the Ministry of Internal Affairs. However, in the case where the foreign partner is abroad, the situation is different and the foreign partner’s interview is conducted at the Israeli embassy in his country of origin, while the Israeli partner’s interview is conducted at the Ministry of Internal Affairs in Israel; thus this leads to many inaccuracies in the transmitted versions of the partners during an interview and, as a result, to the rejection of their application.
It should be noted that a preliminary preparation for an interview with the assistance of a lawyer greatly increases the chances of success. In addition, during the preparation for the interview, the lawyer will compile a list of relevant questions that the couple will most likely be asked at the Ministry.
Moreover, the lawyer will conduct a simulation interview for each spouse in order to avoid anxiety and confusion when answering questions in real time.
Ministry of Internal Affairs
The method of the Ministry of Internal Affairs, which provides the opportunity for retrospective explanations, can result in a serious trauma at the interview during a hearing. This method is one of the most important and effective tools that the Ministry currently has in order to verify the authenticity of the applicants’ union.
In relation to this matter, please also see: Administrative Appeal 4614/05, State of Israel, version of Avner Oren (Nevo database), p. 37:
“We cannot ignore the significance of the aspect of illegal stay and we must ensure that the procedure is not violated, while the phenomenon of illegal attempts of settlement in the country is growing.
As regards the case of Stamcki (obtaining citizenship by marriage), in this context it was determined that when a foreign partner wishes to legalize his illegal stay through marriage, the couple is required to provide sufficient evidence of the sincerity of their relationship.”
We are talking about a tool that allows the Ministry of Internal Affairs to study the words of each partner, to register them and to examine their authenticity wherever possible.
Regarding this issue, please see Statement of Claim 1129/07, Gaspar Floridonia v. State of Israel, where the following is set out in detail:
“The conclusion on the foundation of the relationship of the couple who are in a civil partnership, that is who are living together as a husband and wife and have a joint household together, should be based on a combination of circumstances and evidence obtained during the hearing, as well as on the immediate impression that the respondent gives the officers.
The court
The court cannot replace the administrative authority in this matter. Its officers possess the competence and authority necessary to ensure that the applicants make a proper impression on them, as well as to gather administrative evidence and make decisions regarding this issue.
The administrative court is exclusively in the outer perimeter of the case and checks whether the decision that was made is within the boundaries of law and whether the decisions made are reasonable and proportionate.
On the basis of the hearing held for the appellant, in which he gives purely partial answers, showing ignorance of many required relevant details, on the basis of the conclusion of the hearing for the defendant, as well in accordance with the requirements of the applicants in their petitions.
I see no reason to modify the ruling for the defendants, according to which the relationship between the petitioners does not correspond to the real and sincere relationship between persons in a civil partnership”.
The completion of the procedure can result in two possible outcomes: the completion of the procedure and granting permanent status to the foreign partner or, alternatively, termination of the process due to non-compliance with the criteria established by the Ministry of Internal Affairs.
Divorce
It is important to note that when the spouses divorce in the middle of the proceedings’ process, in some cases, the foreign spouse has the opportunity to stay in Israel, based on the fact that the Population and Immigration Authority considers each case on its own merits taking into account two main parameters:
1. The circumstances of the divorce.
2. At what stage of the proceedings’ process the spouses divorced.
The conditions are cumulative and, to prevent the foreign spouse from obtaining a permanent residence in Israel, it is enough for just one condition not to be met.
It should be noted that it is very important to consult a lawyer at the beginning of the process in order to work out the right strategy as, according to the Ministry of Internal Affairs, failure to comply with the procedures and / or detection of discrepancies in the information provided by the couple will cause mistrust and doubt, in which case the Population and Immigration Authority has the right to immediately revoke any permit issued under this procedure, thus the foreign citizen will lose his permit and will be forced to leave Israel.
It is important to remember that often a foreign spouse can maintain his legal status in Israel even after a divorce from an Israeli spouse and until the completion of the process itself.
Our firm possesses a unique specialization in the status settlement and family reunification issues in Israel. We offer a wide range of creative solutions in particularly difficult cases.